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Trump and his allies also launched a plot to draw up a slate of false electors in Georgia so as to keep Joe Biden from receiving the state’s Electoral College votes. That effort included meetings held between Trump lawyer Rudy Giuliani and Georgia lawmakers. According to the Brookings Institution report, charges from that campaign could include making false statements, improperly influencing government officials, forgery in the first degree and criminal solicitation.

If Willis decides on a more sweeping indictment, she will likely use Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, Eisen said.

“There she would claim that the Trump campaign essentially became a racketeering enterprise and that acts like soliciting those state votes and soliciting those fake election certificates were the basis for advancing this much larger conspiracy,” he said.

“I’d guess she goes the RICO route,” Eisen speculated. “It’s tougher to prove. It sweeps in more evidence. It’s tougher on the jury because it requires them to sit for longer. There’s challenges that come with the RICO route, but the payoff in terms of commanding the jury’s imagination and securing the most serious penalties is substantial.”

In Georgia, that payoff would further complicate Trump’s ability to conduct a presidential campaign.

Trump and his allies also launched a plot to draw up a slate of false electors in Georgia so as to keep Joe Biden from receiving the state’s Electoral College votes. That effort included meetings held between Trump lawyer Rudy Giuliani and Georgia lawmakers. According to the Brookings Institution report, charges from that campaign could include making false statements, improperly influencing government officials, forgery in the first degree and criminal solicitation.

If Willis decides on a more sweeping indictment, she will likely use Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, Eisen said.

“There she would claim that the Trump campaign essentially became a racketeering enterprise and that acts like soliciting those state votes and soliciting those fake election certificates were the basis for advancing this much larger conspiracy,” he said.

“I’d guess she goes the RICO route,” Eisen speculated. “It’s tougher to prove. It sweeps in more evidence. It’s tougher on the jury because it requires them to sit for longer. There’s challenges that come with the RICO route, but the payoff in terms of commanding the jury’s imagination and securing the most serious penalties is substantial.”

In Georgia, that payoff would further complicate Trump’s ability to conduct a presidential campaign.

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